ORDINANCE NO. 990730
permission to the North Kansas City School District to install and maintain
underground telecommunications lines along and across certain public streets in
Kansas City, Clay County, Missouri; and authorizing the Director of Public
Works to enter into an indemnification agreement with the North Kansas City
the North Kansas City School District received a special $1.35 million grant
through the universal service fund for schools and libraries established by the
United States in the Telecommunications Act of 1996; and
the District desires to use those special funds and local funds to develop
state-of-the-art voice, data and video communications between all district
to develop this special telecommunications network for the use by the
Districts students and employees it is necessary to occupy the rights of way
of the City; NOW, THEREFORE,
IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
1. Permission to occupy rights of way. That the North Kansas City
School District is given permission, as owner and permittee, to install and
maintain underground telecommunications lines along and within rights of way of
the City identified on the attached Exhibit 1, insofar as those rights of way
are not controlled by the Board of Parks and Recreation Commissioners.
Permission shall be obtained separately from the Board of Parks and Recreation
Commissioners for construction in such rights of way.
2. Approval of design and construction. That all material, design and
method of construction shall be in accordance with the plans and specifications
approved by the City Engineer and identified as Public Works File No. 1999-51.
All required permits, including excavation permits and traffic control permits,
will be obtained by the North Kansas City School District or its contractor.
3. Authorized deviations. That the City Engineer is authorized to permit
deviations from the approved route identified in Exhibit 1 when necessary
during the course of this project to meet unanticipated impediments to use of
the preferred route.
4. As-built plans. That the City Engineer will be provided with a copy
of as-built plans within 45 days of completion of that part of the project
requiring occupancy of the rights of way.
5. Insurance. That in order to hold the City harmless from claims for
bodily injury and for property damage arising out of the construction, the
permittee shall keep in force a policy of liability insurance in an amount not
less than that required by Chapter 64 of the Code of Ordinances, or the
following, whichever is greater: for all claims arising out of a single
accident or occurrence, $100,000.00 each person and $1,000,000.00 each
occurrence. In the event the insurance requirements for Chapter 64 are
modified during the life of the construction, the insurance provided by the
permittee shall be revised to conform with the modified standard or the
specific requirements of this ordinance, whichever is greater.
6. Maintenance of encroachments. That at its own expense, the North
Kansas City School District will cause the encroachments provided for by this
ordinance to be maintained in good repair for so long as they remain in the
rights of way and will cause them to be removed when they are no longer in
use. If the North Kansas City School District fails to either maintain or
repair the encroachments as provided, then the city may remove them without
notice. Upon removal, title to all materials which have been removed shall
vest in the City so that they can be disposed of for scrap with the proceeds
going to Kansas City as partial compensation for the cost of removal.
7. Missouri one-call membership. That the North Kansas City School
District will become a member who participates and cooperates with the
statewide one-call notification center for so long as the encroachments remain
in the public right of way.
8. Permit and not a grant. That the permission given shall be construed
as a permit and not a grant, and may be revoked, in whole or in part, by the
Council at its discretion; upon revocation, the permittee or the owner of the
property at the time of the revocation shall cause the removal of the
construction and the restoration of the area without expense to the City.
9. Indemnification agreement. That in recognition of the fact that the
North Kansas City School District is not required to obtain the individual
consent of each property owner along the approximately 35 mile path of this
encroachment, the North Kansas City School District will enter into an
agreement by which it will agree to indemnify and hold harmless the City, its
officials and employees, against any costs and expenses, including without
limitations legal fees, arising from an actions, lawsuits, demands, claims,
losses and damages in any way related to the facilities where such actions,
lawsuits, demands, claims, losses or damages arise as a result of the North
Kansas City School Districts occupancy of the rights of way. The Director of
Public Works is authorized to execute this agreement.
10. Waiver of license fee. That in recognition of the special nature of
this encroachment for the benefit of the patrons of the North Kansas City
School District, a license payment will not be required.
as to form and legality: